Hon'ble S.B. Civil Revision Court rejected maintainability under Section 115 CPC and converted the petition into a writ petition, listing it before an appropriate Bench upon satisfaction of court fee requirements.
Revision petition converted into S.B. Civil Writ Petition and listed before appropriate Bench.
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[CR-66/2020]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Revision Petition No. 66/2020
Versus
----Respondents
| For Petitioner(s) | : Mr. Manoj Bhandari |
|---|---|
| For Respondent(s) | : Mr. Sachin Acharya |
| Mr. Jitendra Mohan |
HON'BLE MR. JUSTICE ARUN BHANSALI
Order
23/02/2021
The present revision petition arises out of an order passed by the appellate court under Order XLIII Rule 1 (w) CPC, whereby, the appeal filed by respondent against order dated 11.12.2019 passed by the trial court, whereby, the review application filed by the appellant was accepted, has been reversed.
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Learned counsel for the respondents submitted that the revision petition under Section 115 CPC against order passed by the appellate court would not be maintainable in view of proviso to Section 115 CPC, which requires that passing of the order by this Court must result in disposal of the pending proceedings.
The submissions made by learned counsel for the respondents, looking to the nature of order passed by the trial court and the appellate court, appear to be justified.
Learned counsel for the petitioners made submissions that the present revision petition be ordered to be converted into a writ petition.
In view of the submissions made, the present revision petition is ordered to be registered as S.B. Civil Writ Petition and subject to petitioner fulfilling the requirements pertaining to Court fees etc., the same be listed before appropriate Bench.
For statistical purposes, the revision petition stands disposed
of.
(ARUN BHANSALI),J
8-Sachin/-
2 issues framed by the court
Whether the present S.B. Civil Revision Petition is maintainable under Section 115 CPC given the appellate order reversed the trial court review.
Whether the revision petition should be converted into a writ petition.
2 provisions across 1 enactments
Kamla Devi W/o Shri Prem Kumar
Pankaj Agarwal S/o Shri Prem Kumar
Smt. Rekha Rani Agrawal W/o Shri Pradeep Kumar
M/s Ganpati Multi Commodity Business Pvt. Ltd.
Divyam Agrawal S/o Shri Pradeep Kumar
Arun Bhansali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
